ISSUE: The Repeal of Section 67 of the Canadian Human Rights Act
Background:
Parliament passed the Canadian Human Rights Act in 1977, which prohibits discrimination within areas of federal jurisdiction on certain specified grounds. At the time of its passage, the Indian Act was exempted from the application of the Canadian Human Rights Act.
The Indian Act exemption was intended to be temporary, and allow for consultation and a period of transition for INAC and Indian Bands. In December, 2006, Minister Prentice introduced Bill C-44 to the House of Commons. If passed, it would finally remove the Indian Act exemption.
Fast Facts:
- The Canadian Human Rights Commission has repeatedly recommended that Section 67 be repealed.
- The Canadian Human Rights Act already applies to all INAC and Band Council activities which are outside of the Indian Act. This currently generates about fifty complaints per year to the Commission.
- The majority of complaints originating from Indian Reserves relate to disability issues – this is a similar finding for non-reserve complaints.
- ALL Aboriginal people have the right to be free from all forms of discrimination in Canada and seek redress where discrimination occurs.
Recommendations:
A.That the federal government in partnership with ALL National Aboriginal Organizations begins proactive and immediate public education for all Canadians on issues surrounding Aboriginal People and the Canadian Human Rights Act
B.That the federal government repeal section 67 of the Canadian Human Rights Act through the immediate passing of Bill C-44 and that a maximum 18 month transition period be included to allow for INAC and Band Councils to prepare for implementation.
C.That the federal government in partnership with ALL National Aboriginal Organizations begins proactive and immediate public education for ALL Aboriginal organizations and peoples on- and off-reserve with respect to Canadians on issues surrounding Aboriginal People and the Canadian Human Rights Act
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For further information, please contact:
Al Fleming
Director
Public Affairs
613-747-6022 (office)
613-867-8696 (mobile)
al@abo-peoples.org
